In a contempt proceeding, the petitioner alleged violation of interim directions by promoting last-grade employees. The Court found no violation based on the respondent's clarification that the promotions were provisional and complied with prior court directives.
The contempt case stood closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936
Con.Case(C).No. 1384 of 2014 (S) IN WP(C).28009/2014
AGAINST THE ORDER IN WP(C) 28009/2014 DATED 27-10-2014
PETITIONER:
STANSLAUS XAVIER T.M. AGED 46 YEARS S/O.T.P MATHEW, CASHIER, ELECTRICAL SECTION PALARIVATTOM, KERALA STATE ELECTRICITY BOARD ERNAKULAM
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT:
SHRI. C.V.NANDAN (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD PATTOM PALACE P.O, THIRUVANANTHAPURAM-695014.
BY ADV. SRI.K.S.ANIL, SC, KSEB
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONERS EXHIBITS
| ANNEXURE A : | TRUE COPY OF THE KERALA STATE ELECTRICITY BOARD ORDER DATED 14.07.1995 |
|---|---|
| ANNEXURE B: | TRUE COPY OF THE KERAL STATE ELECTRICITY BOARD ORDER DATED 9.3.2006 |
| ANNEXURE C: | TRUE COPY OF THE KERALA STATE ELECTRICITY BOARD ORDER PROMOTING THE PETITIONER AND SIMILARLY SITUATED PERSONS TO THE POST OF CASHIER. |
| ANNEXURE D: | TRUE COPY OF THE KERALA STATE ELECTRICITY BOARD ORDER DATED 2.7.2014 |
| ANNEXURE E: | TRUE COPY OF THE INTERIM ORDER PASSED IN WPC 17866/2014 |
| ANNEXURE F: | TRUE COPY OF THE KERALA STATE ELECTRICITY BOARD ORDER DATED 18.10.2014 |
| ANNEXURE G: | TRUE COPY OF THE INTERIM ORDER DATED 27.10.2014 PASSED IN WPC NO.28009/2014 |
| ANNEXURE H: | TRUE COPY OF THE KERALA STATE ELECTRICITY BOARD ORDER DATED 01.11.2014. |
/TRUE COPY/
P.A. TO JUDGE
SJ
DAMA SESHADRI NAIDU, J.
= = = = = = = = = = = = =
Contempt of Case No.1384 of 2014
= = = = = = = = = = = = = = Dated this the 3rd day of February, 2015
JUDGMENT
The petitioner filed the present contempt case complaining of violation of the directions in the interim order dated 27.10.2014 in W.P.(C).No.28009 of 2014. According to the learned counsel for the petitioner, the respondent Board has promoted all the Last Grade employees with regular scale of pay as Cashiers, while the petitioners and the other similarly promoted employees are still continuing as temporary Cashiers. According to him, it is in clear violation of the interim order referred to above.
Contempt of Case No.1384 of 2014
2
“14. The Board Order dated 02.07.2014 was issued as the part of policy matter in line with the Government decision. It is admitted that the said Board Order was challenged by the petitioner and this Hon'ble Court ordered that promotion, if any effected will be provisional and promotees will take their rank and seniority below those already promoted on the basis of Annexure 'C'. In fact the promotion effected as per annexure 'C' is only provisional.
submitted that, in the light of the clarification issued by the respondent contemnor, the petitioner may not have any further
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Contempt of Case No.1384 of 2014
grievance on account of the apprehended violation of the interim direction of this Court.
Accordingly, the contempt case stands closed.
DAMA SESHADRI NAIDU, JUDGE
sj
1 issue framed by the court
Whether promotion orders issued by the Kerala State Electricity Board violated the interim order of this Court in W.P.(C).No.28009/2014.
STANSLAUS XAVIER T.M.
SHRI. C.V.NANDAN
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
